Question
Jane is hired as a full-time permanent employee by State. She works for State's revenue agency as a clerk-typist. As a permanent employee, she is
Jane is hired as a full-time permanent employee by State. She works for State's revenue agency as a clerk-typist. As a permanent employee, she is entitled to life, health, and dental insurance. Pursuant to statute, State provides these automatically and immediately when an employee is hired. The employee then has 30 days within which to waive any particular insurance (and save the employee's share of the premium). Because of a clerical error, Jane was never enrolled in State's group health insurance plan, nor was she informed of her option to waive. On February 1, Jane is involved in an automobile accident. Jane's husband contacts Jane's immediate supervisor about the accident. The total medical bills exceed $50,000. State's group medical insurance would cover 80 percent of these bills. Because of her injuries, Jane, at the recommendation of her physician, does not return to work until April 1. Upon her arrival, she discovers that she has been terminated. She is given access to her file and discovers that she was placed on "probation" on March 1 for failure to appear for work. The notation in the file states that if the employee does not return to work within fifteen days she is to be terminated after a hearing is conducted." The file further reflects that a hearing was conducted. Jane's immediate supervisor and a State personnel officer appeared. The file reflects that Jane was "terminated because there is no evidence to justify the employee's failure to appear for duty." Jane was not informed of the hearing. State law provides that every employee who fails to report for duty 30 days or longer within one calendar year shall be terminated regardless of the cause of the failure to report. Jane sues the state, praying that she be restored to her position and that state be ordered to pay her medical bills. Discuss her claim and prayers for remedies thoroughly.
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